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DECISION No.100/1998/QD-TTg OF MAY 26, 1998 ON THE EXPERIMENTAL APPLICATION OF A NUMBER OF POLICIES IN A NUMBER OF BORDER GATE REGIONS OF LAO CAI PROVINCE

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

At the proposal of the President of the People's Committee of Lao Cai province in Document No.77/TT-CT of March 12, 1998 and considering opinions of the concerned ministries and branches at the central level,

DECIDES:

Article 1.- To allow the experimental application of a number of policies in Lao Cai border gate areas (hereafter referred to as Lao Cai border gate economic area) according to the following administrative boundaries:

a/ Lao Cai international border gate, including: Lao Cai ward, Pho Moi ward, Coc Leu ward, Duyen Hai ward, Van Hoa commune, Luc Cau village of Dong Tuyen commune of Lao Cai provincial capital, Na Mo village of Ban Phiet commune of Bao Thang district.

b/ Muong Khuong border gate, embracing the entire Muong Khuong commune.

The Lao Cai border gate economic area shall be given priority for the promotion of trade, export, import, services, tourism and industry in accordance with the law of the Socialist Republic of Vietnam and international practices.

The Government of the Socialist Republic of Vietnam respects and protects the legitimate rights and interests of Vietnamese and foreign investors in the Lao Cai border gate economic area in accordance with the current laws and policies of Vietnam and international treaties which the Socialist Republic of Vietnam has signed or acceded to.

Article 2.- Trade and service activities in Lao Cai border gate economic area shall be conducted in accordance with the current regulations, and include import-export activities, temporary import for re-export, goods transit services, bonded warehouses, duty-free shops, fairs, showrooms, exports producing and processing establishments, branches and representative offices of domestic and foreign companies, border gate markets.

Article 3.- Domestic and foreign investors are encouraged to invest in the development of production and business fields and infrastructure construction in Lao Cai border gate economic area according to the Law on the Promotion of Domestic Investment and the Law on Foreign Investment in Vietnam. In addition to privileges prescribed by the current laws, they shall also be entitled to enjoy the following:

1. Investors shall enjoy a 50% reduction of the land rent, compared to the State's price bracket currently applied in Lao Cai border gate economic area.

2. Investors, either domestic or foreign, if making investment in the prioritized fields or branches already specified in the socio-economic development plan of Lao Cai border gate economic area, shall be entitled to the exemption or reduction of profit tax and/or enterprise income tax under the current provisions of Decree No.30/1998/ND-CP of May 13, 1998 of the Government.

3. Foreign investors shall be considered, on a case-by-case basis, for the reduction of tax on the transfer of profit abroad.

The Ministry of Finance shall issue specific guiding documents on the basis of uniform privileges for both domestic and foreign investors.

Article 4.- Investors in Lao Cai border gate economic area are allowed to mobilize capital sources from inside and outside the country in appropriate forms for the construction of infrastructures as well as production, business and service establishments in accordance with the socio-economic development plan of Lao Cai province and the master plan for the construction of Lao Cai provincial capital, while ensuring security and defense.

Investment in the construction of industrial, civil and infrastructure projects in Lao Cai border gate economic area must comply with Vietnam's current legislation on the management of investment and construction.

Article 5.- Organizations and individuals (excluding State administrative bodies), that contribute to mobilizing non-refundable investment capital (capital outside the State budget sources) for economic and social projects in Lao Cai border gate economic area, shall be entitled to enjoy a certain sum of money as reward. The Ministry of Finance shall specify the reward levels.

Article 6.- In order to accelerate the process of infrastructure construction in Lao Cai border gate economic area, to allow:

1. The People's Committee of Lao Cai province to establish an infrastructure development company, which shall be a State enterprise.

2. In the period from 1998 to 2001, the State shall, every year, provide separate investment through the provincial budget for Lao Cai border gate economic area, which shall not be lower than 50% of the total annual budget revenue in the Lao Cai border gate economic area; capital investment levels and list of infrastructure projects entitled to the separate investment through the budget capital shall be proposed by the People's Committee of Lao Cai province and decided by the Ministry of Planning and Investment after consulting the Ministry of Finance.

Article 7.- Entry and exit management

1. Citizens of the People's Republic of China (hereafter referred to as China for short), who reside in districts adjoining the Lao Cai border gate economic area, are allowed to enter the Lao Cai border gate economic area with identity cards or border exit and entry laissez passers issued by competent agency (ies) of China. The duration of temporary stay in the Lao Cai border gate economic area shall not exceed 7 days. Those who wish to travel to other places of Lao Cai province at the invitation of Vietnamese agencies or organizations in Lao Cai province, must send the application requesting the police department of Lao Cai province to grant the travel permit, which shall be valid for not more than 5 days and not be extended.

2. Chinese citizens and other foreigners carrying non-official passports to enter the Lao Cai border gate economic area shall be exempt from entry-exit visas. The temporary residence duration in the Lao Cai border gate economic area shall not exceed 15 days. If they wish to travel to other places within Lao Cai province or to other provinces of Vietnam, the Entry-Exit Management Department (the Police Ministry) shall consider and grant them entry-exit visas at the Lao Cai international border gate.

Article 8.- The People's Committee of Lao Cai province shall set up a steering committee for performing the uniform management of the Lao Cai border gate economic area. After two years of implementation, the People's Committee of Lao Cai province shall have to coordinate with the concerned ministries and branches at the central level in reviewing the application of the above-mentioned preferential policies and proposing to the Prime Minister necessary amendments and supplements.

Article 9.- This Decision takes effect 15 days after its signing.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the President of the People's Committee of Lao Cai province shall, within their functions, tasks and powers, have to implement this Decision.

Prime Minister

PHAN VAN KHAI